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What is VAWA and how do I know if I qualify?

VAWA is a self-petition that provides protection from immigration, confidentiality, and the opportunity to adjust your immigration status independently for those who have experienced family issues such as control, abuse, or threats. Physical evidence, like police reports, is not required to qualify.

Who is eligible?

• People married to U.S. citizens or legal residents.
• People divorced from a U.S. citizen or legal resident within the last 2 years.
• Widows or widowers of a U.S. citizen who passed away less than 2 years ago.
• Parents of U.S. citizen children who are over 21 years old.
• Children under 21 years old of a U.S. citizen.

Both men and women can qualify. The petition is confidential and does not involve any family members. It is not necessary to divorce your spouse to qualify, and a police report is not required, as your statement of what happened is the most important evidence.

There are situations that occur within the home that may seem normal to the family, but the law may view them as "issues" that could qualify for a VAWA case. Many people are unaware that certain family situations may qualify for this type of case. Family issues can include, for example, financial and personal control, contempt, threats, intimidation, sexual control, yelling, insults, excessive jealousy, and physical abuse. 

Family issues with children can also manifest as disrespect, rebellion, substance use (like alcohol or drugs), manipulation, or mocking you for not speaking English, your lack of education, or general knowledge. This mistreatment may extend to being forced to do unwanted things, feeling threatened or intimidated.

Some examples of situations that could qualify:

• Not having access to your own money.
• A partner constantly checking your location.
• A partner sharing and controlling your social media.
• Withholding your passport or making immigration-related threats.
• Sexual control in the intimate relationship.
• Yelling, insults, or excessive jealousy where they constantly monitor your social media or isolate you from friends and family.
• Rebellious children.

However, every family dynamic is different, and these are just a few examples. There are many other family situations and dynamics that could qualify for this type of case.

Filing a VAWA petition allows you to adjust your status independently. It does not redefine your relationships (for example, you do not need to get divorced), and it does not require you to have suffered physical violence or to have a police report. 

Even individuals with complex immigration histories, such as multiple entries or previous deportations, may still qualify. Some VAWA cases can be filed together with a residency application, or as a standalone VAWA case, which can provide protection and a work permit.

Can men qualify for a VAWA case?

Yes, men can also qualify for a VAWA case as abuse does not distinguish between genders. If you are a man and have lived in a situation where you feel, for example, controlled, threatened, or mistreated by your U.S. citizen or legal resident spouse, or by your U.S. citizen children over the age of 21, you may be eligible for a VAWA case.